this is the fox news alert. i'm geraldo rivera. two of the highest mur this is a fox news alert. in two of the nation's highest profile murder cases. jonbenet the indictment of her parents that was kept secret until friday. a judge throwing out the conviction of a kennedy cousin for the long ago murder of a pretty popular 15-year-old found beaten to death with a golf club. her cousin, robert f. kennedy, jr., has been a defender of the defendant.

we'll hear live from robert in a moment. mark is the reason robert's cousin is in prison in the first place. sering expose, murder in green wich. he had committed hideous murder. mark, welcome. the case was ice cold until you published your book. how did you react when you heard the verdict was overturned? >> well, geraldo, it was odd that the reason it was overturned or reversed was inadequate council. it's odd when an attorney is hired because he has connections within the community, he knows police officers and worked in the area. he's at the discretion of the family and michael to direct or

to change him and yet they let him try to entire case. now they complain that he was somehow inadequate. >> do you believe -- let me get to the big picture. do you believe the skakel and kennedy families used their power and money and connections to keep the police at bay before you got involved in the case? >> absolutely. absolutely. you know, when you look at the greenwich police department, they worked for most of the people in bell haven, the area that is so rich. they worked for them off duty. if they didn't do that, they wouldn't be able to make ends meet. that was from their mouth, not mine. >> i just reread the book, it's a terrific book. are you certain that 15-year-old

michael skakel, just 15 years old at the time. whether he should have been tried as a juvenile or adult is another issue. he was 15 years old at the time he killed this 15-year-old, his neighbor, are you sure, in your own mind, beyond a reasonable doubt, he committed this long ago murder? >> geraldo, you know, a detective is more of a finder of facts and puts those facts together. most of the facts were actually created by michael skakel himself and the skakel family. yes, i believe beyond a reasonable doubt he is the suspect because he believes he is the suspect and so does the skakel family. >> robert kennedy jr., welcome. how are you sure your cousin didn't commit this crime? >> i'm absolutely positive he didn't commit the crime. he was, at the time the crime

was committed, he was 11 miles away with five eyewitnesses. his only crime was, really having ineffective counsel. it's why he is in jail. his counsel did not call the witnesses who were there and who would have proved his innocence. they also, his counsel also, this is one of the things judge bishop pointed out in his reversal. there was only one witness who said michael confessed. this was gregory coleman, who died of a heroin overdose prior to the trial. his testimony was read at the trial, geraldo. he testified previously at the evidentiary hearing where he admitted he was high on heroin when he did that. >> before we get into the details, i understand you

believe your cousin has a terrific alibi. i asked if it was the power of the kennedys and the money of the kennedys and skakel's that kept him from getting arrested for 25 years. i ask you, do you think it was his kennedy connection, the fact he is your cousin, is that the reason the jury was willing to believe he was a drunk and perfectly able to kill a 15-year-old kid? >> well, i think it's the reason he's in jail. i think there was a press pile on. the press was really only with a couple exceptions, one was you, geraldo, jumped on a pile on on this narrative that has been hatched by mark that here was a kennedy cousin who because of his privilege got away with murder. there was only two problems. first of all, mark got this idea

from dominic dunn that wrote a book saying michael, not tommy -- >> michael's older brother. >> yeah. dominic dunn went across the country and on all the talk shows. michael was never suspect. he was a 15-year-old kid at the time with an airtight alibi. it was only after mark got involves and dominic dunn gave him the story. he was in a position where he couldn't -- for five years he couldn't now go and shift. again, ironically, mark is the guy who is probably primarily responsible for this. the acquittal of o.j. simpson. then he comes and does another travesty of justice, the conviction of a man innocent of

this crime. >> what a load of b.s. >> did he get special privileges from the connecticut police? no. first of all, he was never a suspect. his brother was a suspect and his brother received no special privileges from the greenwich police. in fact, his father was so lax about protecting the legal interest of his -- he didn't believe tommy was guilty. he allowed the police into the house for three weeks without following them around. they investigated everything in the house. they then gave polygraph tests to tommy without a lawyer present and injected him with truth serum and had him testify with the police present and no lawyer of his own under truth serum. >> i get it. you make a compelling narrative.

i agree that in the far distant history, 25 years later, it's very difficult for me to understand how a jury would believe that michael skakel was guilty beyond a reasonable doubt. i have to give the detective, mark who has done a meaningful job of investigating here even if it's not beyond a reasonable doubt. i have to give you the opportunity to respond to robert kennedy jr. 11 years in jail because of you, mark. >> well -- i'm not going to take the credit -- >> go ahead, mark. >> geraldo, the interesting part about a lot of this story is dominic dunn acquired a report called the sutton report that a very conscious person that realized what it was actually

gave it to him. it was skakel's attempt to hire fbi agents, ex-fbi agents to investigate michael and tommy to see how exposed they were for this murder. that was an investigative treasure chest. when i received that, i was able to get many leads that led me to the conclusion, many of which were michael skakel's statements that were not one, but numerous. >> mark, will there be a retrial? >> absolutely. >> robert kennedy jr., will there be a retrial? >> i hope he's retried because i think it will give him the chance to prove he's not just not guilty but now we know new facts about the case to demonstrate he is innocent and

somebody else committed the murder and two guys who -- >> i have to leave it there. gentlemen, i could go all night with both of you. thank you. up next, you'll hear from a family of a mafia chief who says family of a mafia chief who says the mafia family

small business owners are using tools like email and social media marketing

from constant contact to grow their business. they're getting customers coming back. fans following their business online. and new customers through the door. see how constant contact's products and people can help you grow your business. start your free trial at constantcontact.com. did you make a deal? is that why we won up there? >> no. >> we need to hear the truth from you. >> you swear you didn't hear anything? >> frank sinatra and marilyn

monroe. tell us the story of how infamous mobster sam helped goat jfk elected. then after election, when jfk unleashed the fbi, how the gangster had the 35th president killed. the grand nephew and producer and writer of this film, the story, nicholas joins us from chicago, appropriately enough. what did you think your dad did for a living? >> well, when we were very young, i thought he was a salesman. >> when you heard people associating him with the mafia, how did wrou respond? >> i found out in late grammar school. i couldn't believe what i was hearing. after awhile, i became defensive and protective. >> did you ever meet his

reported mistress? >> oh, yes. yes. many times. >> did you know that she was apparently, and this is fairly well documented, not only your father's mistress, but the mistress of the president of the united states in. >> yes, i did know that after things started coming out and i started putting things together, yes, she was traveling between the president and my father. >> tell me how you believe your great uncle and the mob family that he ran killed the president of the united states. >> if you look at oswald, we know for a fact now that his uncle was a bookie that worked for charles. we know that for a fact. we know now that jack ruby worked for sam. we can connect the two organized crime. so, when my uncle gave me this information, all we basically did was work backward.

i asked him, i said to him, why do you think that this happened? he told me, basically, because the president's father backed out of what he promised he was going to do. >> what was that promise made by joe kennedy? what was that promise? >> he said if you get my kid ele elected, we'll back off. >> how did they pull this off? >> well, first of all, getting oswald is something he was responsible for doing. it's not necessarily that jack ruby went down there to help with the assassination. oswald was planted there. >> i'll be frank with you, lee harvey oswald was a communist. they hated the mob. they drove them out of cuba as soon as castro took over.

why would a mobster and communist act in league to kill the president of the united states? >> do you know robert kennedy attorney general did an investigation on his own? do you know he pulled the phone records on oswald and jack ruby? do you know what he found? >> no. >> he found that both of them, their record was the who's who of crime. the people they were calling and the people calling them a week before the assassination were everybody that his father was investigating going after. >> when you hear these stories, where your own nephew is alleging that your father helped kill the president of the united states, what is your reaction? >> i don't know. i can't say that i can give you a complete and direct answer, but there are things out there that can lead people to believe that it could go either way. i think when you see the film,

there's enough in there to have people make up their own mind. i can't give you a definite decision. they haven't figured it out in 50 years and i certainly can't figure it out in 50 years. >> good point. you think nicky has found the key to success? watch the documentary. you can look it up, beginning to air on the 19th of november. thank you both. >> thank you. at the bottom of the hour, ladies, listen up. get drugged and

drinking is epidemic on college campuses. so is rape and sexual assault. if it happens to your daughter,

you may not like how much sympathy she gets. >> reporter: the distorted idea to match men drink-to-drink is a feminist issue, more an more women found there is no equality when the about to say no results in sexual assault and little sympathy. >> i felt weak, worn down, like i wasn't worth anything. >> january, 2012, then 14-year-old daisy coleman and her 13-year-old girlfriend sneak out and hook up with a 17-year-old, another 17-year-old and a 15-year-old. daisy and the 13-year-old drink multiple shots, claiming the assaults were video taped, she finds herself discarded in the cold. her mom -- >> after awhile, the girls drink alcohol. it was like i was a bad mother

because, you know, it makes the case she's difficult to prosecute. >> august 2012, members of the football team carry a 16-year-old from party to party. the teenager is publicly and repeatedly raped by peers posting it on social media. >> as women, we can't defend ourselves against every rape. not getting to the state of being so incoherent you can't be aware of what's going on around us. it is something to prevent. >> she lost her virginity when she was molested. >> i was a 19-year-old virgin and woke up in a fraternity house naked with a guy i didn't know well. i didn't particularly like him. i had no idea what happened the night before. it was sickening. >> she visits colleges and

military bases to convince kids sex assault follow binge drinking. we have seen young girls 13 and 14 years old binge drinking and finding themselves in the same situation, getting video taped and dragged around and sexually assaulted. >> half of all eighth graders have tried alcohol. >> i was raped by a classmate while working on campus one summer. >> the issue of binge drinking and sexual asalt is nationwide. recently seven women came forward at the university of connecticut to say they were assaulted. some of them intoxicated at the time. >> the officer said women need to stop spreading their legs like peanut butter or rape is going to keep on happening until the cows come home. >> running into the alleged rapist, one of the women

frustrated hired a slepty attorney gloria allred. >> feeling confused, violated, traumatized and vulnerable. >> does it scare you that seven women came forward? >> it concerns me as a woman on this campus. it makes me feel that i need to be more aware of everything going on around me. >> reporter: they are uconn seniors. what about when the girls come forward and say they were attacked and they are told you put yourself in that predickment? >> i really hate it when people say that because no one deserves to be sexually assaulted. >> reporter: her family moved away. the now 16-year-old may be going back to testify. they announced he's filing new charges. she hopes her ordeal with help

other girls avoid the intersection of boos and rape. >> it's shocking how many people heard it and how many people are speaking out and how they want to help me. >> reporter: the situation here is not isolated. 20% of women reached their senior year could be molested and it's usually by someone they know and usually alcohol is involved. geraldo? back to you. >> craig, thanks. up next, we suspected they have something to do with it. the secret indictment of the parents of jonbenet ramsey. coming your way after this. for over a decade

millions have raised their hand for the proven relief of the purple pill. and that relief could be in your hand. for many, nexium helps relieve heartburn symptoms from acid reflux disease. find out how you can save at purplepill.com. there is risk of bone fracture and low magnesium levels. side effects may include headache, abdominal pain, and diarrhea if you have persistent diarrhea, contact your doctor right away. other serious stomach conditions may exi. avoid if you te clopidogrel. for many, relief is at hand. ask your doctor abouxium.

ger man knee and france banning electronic surveillance of leaders. the nsa's dropped on many foreign leaders. the nsa's alleged vacuum cleaner approach sparking a protest in washington saturday. next week german secret service officials are coming to the u.s. demanding ex plan naiplanatione recalls for broccoli, coleslaw and more.

the broccoli, salad and slau are being pulled from eastern southern states. taylor farm says it includes ingredients recalled by the fine foods. now back to geraldo at large. ox. it was a bombshell. ox. the news on friday that a grand jury voted to indict both parents in connection with the notorious murder of their child, jonbenet ramsey. >> police. what's going on. >> a kidnapping. hurry. please. >> the day after christmas, 1996, jonbenet ramsey, a lovely 6-year-old, a regular on the beauty pageant circuit is missing from her home in boulder, colorado. >> explain to me what's going on, okay. >> we have a note.

>> a note was left in your daugt ear's gone? >> yes. >> when cops arrive, mom shows a bizarre ransom note in the house. police search and find no sign of jonbenet. >> we have not ruled anyone in or out as a suspect. >> the father, apparently discovers his daughter's beaten, strangled body in a basement room. the child was tortured and sexually assaulted. police believe an intruder is to blame. because of where and how the child is found, suspicion shifts to the ramsey family itself. >> the amount of time the defendant spent at the scene is very, very telling and unusual. >> because it is so unlikely that a stranger would assault and kidnap a child for hours in her own home with her parents and brother asleep upstairs,

suspicion falls heavily on her family, especially the mother patsy, a former miss west virginia. the story line says the mom was jealous of her beautiful daughter, already sexualized by the beauty pageant campaign. >> i did not kill jonbenet. i did not have anything to do with it. i love that child with my whole of my heart and soul. >> father jon is also suspected. the ceo of a computer services company, dad doted on the young child. some expect abuse. >> innuendos she was sexually molested. they were hurtful to us as a family. they are totally false. >> two years pass. in 1999, the world believes, incorrectly, a boulder grand jury decided there's not enough evidence to indict anyone for

jonbenet's murder. the district attorney misleads the world with the following remark. >> the boulder grand jury completed its work and will not return. no charges have been filed. >> true, no charges are filed, but what the d.a. fails to disclose is the secret grand jury voted to indict the parents on charges of accessory and child abuse leading to murder. in 2006, patsy dies of ovarian cancer. two years later, jon ramsey is informed he and his late wife have been exonerated. that's after dna testing finds traces of a third person on the slain child's long johns. >> it was gratifying. it was a step forward. 18 years later, the secret grand jury bombshell, the panel felt the parents and a third person

committed the crime that captivated the nation. why weren't they prosecuted? they explained he did not feel there was enough evidence to convince. he should have let a jury decide. >> i'm at total peace about the calls i have made. >> as i said, he should have let a jury decide. our next guest, craig silverman covering the jonbenet saga. craig, welcome to the program. first of all, a shoutout to charlie brennan and the team at the boulder newspaper. they forced the revelation of this unprosecuted indictment. have you ever heard of that? >> i have. there was a situation in federal court. it's rare. that was in denver, a strange case. most of the time, prosecutors

don't ask a grand jury to deliberate and vote if they are not going to act afterwards. >> this was the district attorney, alex hunter putting his own will above that of the grand jury. to me, that is colossal arrogance at the very least. i feel we have been cheated and lied to by alex hunter, the district attorney. >> yeah. alex hunter had so many flaws. the worst part of the jonbenet investigation is the way he had a dysfunctional relationship with the boulder police department. the latest revelation seems to me to be -- charlie brennan, who followed the case from the out set to the rocky mountain news. he's a good friend of stan garnet. in fact, he tried to help stan garnet become colorado attorney general. i think there's a coordinated effort to put pressure on jon

ramsey. >> to put pressure on him. let me read from the indictment. according to the grand jury means there's probable cause means he probably did what i'm about to read. he did unlawfully render assistance to a person with intent to hinder, delay or apprehension as punishment for the commission of the crime. the crime of murder in the first degree. that's child abuse. the other one is that, you know, the -- unreasonably placed the child with the threat of injury, child abuse resulting in death. there's probable cause these things happened. a jury deserved to hear this case. >> startling accusation by fellow people in boulder. jon and patsy ramsey permitted and rendered assistance to their

child. maybe there's a third person. maybe they are saying we believe the ramsey's did it, but don't know which one did what, but the other is covering. there's a lot to try to figure out. the good news is sam garnet is a different and better kind of d.a. than alex hunter or mary lacy. a good working relationship with boulder police. the boulder police, who have long focused on ramsey. >> craig silverman, i think this says there's a third person involved. the dna said there was an adult male who left his blood tracing on the long johns, the sleep wear of that poor child. i think that something happened with those parents and the third person, i think it's the most logical reading of the indictment that is secret since

friday. >> it's a possibility. some say the dna is a contamination, it's not important. you may be right. so many experts look at this crime scene and said it was staged. could it have been a staged kidnapping? i don't know. the boulder police have so many files on this case. the grand jury that heard sworn testimony and without a prosecutor pushing for charges, they said jon and patsy, we don't think you were sleeping, we think you permitted and rendered assistance, a hell of an accusation against the parents of this girl. >> nice to see you again. nice to see you. we weigh in on the jonbenet we weigh in on the jonbenet case and the moxley could save you fifteen percent or more on car insurance.

mmmhmmm...everybody knows that. well, did you know that old macdonald was a really bad speller? your word is...cow. cow. cow. c...o...w... ...e...i...e...i...o. [buzzer] dangnabbit. geico. fifteen minutes could save you...well, you know.

do you ever think the killer of jonbenet is still throughout? >> i believe he is. he's alive, dead or in prison. >> no one would blame you were being angry and bitter. >> i was. you can't stay there. it's damaging as a person. >> in her latest rip roaring book, it's a scorcher, never trust a liberal over 3, especially a republican. revealing them for the nation recking and how we can defeat them. she looks great on the cover. then a fascinating memoir. taking the stand, he talks about life and legal practice. this youngest ever harvard law professor represented everyone from o.j. simpson to bill

clinton. >> the cases involving ordinary folks, the guy who shot a corpse thinking it was alive. >> interesting. is that murder? >> they got him for attempted murder and i won the case. bringing my students into the case, using my classroom and bringing it into the courtroom. >> how do you beat that? if he's trying to kill a dead body, i see why it's not murder. >> you can't kill a corpse. man dies but once. we had to go through three courts to win the case. appellate and appeals and federal district court. >> did you know ann is a constitutional lawyer as well. >> i know that. >> do you agree? >> i have not practiced law in a decade. you always introduce me as a fantastic lawyer. >> the jury couldn't take their eyes off you. i know you disagree in my

assessment of the jonbenet ramsey case. i'm holding the indictment that was never acted on. he said the grand jury completed the work, no charges would be filed. he did not say the grand jury voted to indict the parents and i chose not to. >> you have to ask the question, would it be legal under colorado law for a district attorney to announce a secret grand jury secretly indicted with evidence? i don't know the answer to that. in my book, i describe four or five cases like this. the grand jury comes back and they get convictions. we always win the appeal. there's reasonable doubt. even if we think they probably did it or likely that they did it, the idea you can prove beyond a reasonable doubt with

the dna evidence pointing in a different direction, that the person enindicted did it. it's not enough to say one did it and the other helped. you need proof beyond a reasonable doubt. >> you are agreeing with his decision not to sign the indictment? >> i'm agreeing with both decisions. i can understand why the grand jury, inexperienced, not lawyers would come to this decision. then a prosecutor, if there's proof beyond a reasonable doubt, i agree with that. whether he should have said something different, what he said was misleading. >> ann, i cannot believe you would agree a public official who is so carefully threading the needle would be in the right. >> no, i think he did make the right decision. you have the dna evidence. okay, it's not just positive. >> the dna evidence came years

later. >> right. but we have it now. so, if that seems to be good evidence that he did the right thing. on top of that, you add the dna evidence. this is a very unlikely crime for this particular couple. it's just the kind of crime the media and public receive. we want to believe the beautiful, happy families are well off are going around committing awful crimes. like saying the time square bomber is another tea partier. oops, he's muslim. the evidence is consistent with being what we expected. the final thing i say about this is, if you get murdered, do not get murdered in greenwich, connecticut or boulder colorado. >> make sure you have a good lawyer. don't pay them $1.2 million. >> do you think rich people get

a bonus or do you think they are tried more severely, generally speaking. >> the answer is yes, both. >> the cops are blunderers? >> not, if i could finish that point so it's not misunderstand. i'm not blaming the cops, but if they have one murder per decade, all the cases, the cops didn't secure the scene. they didn't bring the potential suspect in. you would instantly accuse the parents. of course you would. >> the closest case i have to this -- >> i remember that. >> he had a young girlfriend, an exotic dancer she had a boyfriend. they found a mark on his body that was consistent with a button he was wearing on his shirt proving he was killed by compression. >> crushed. >> crushed, right. burked to death. i get in the case. i look at the photograph and i say that may not be a bruise.

i give it to the leading dermatologist in the world. he puts it under x-ray examination. it's a benign tumor that he's had for 30 years. we get the conviction reversed and the woman goes free. that is what happened in real life. this is before dexter. all the cases i have won and i describe in this book are science cases where science trumps common sense. >> never trust a liberal over 3, especially a republican is her book. we'll be back with alan and ann. hey, it's me, progressive insurance. you know, from our 4,000 television commercials.

yep, there i am with flo. hoo-hoo! watch it! [chuckles] anyhoo, 3 million people switched to me last year, saving an average of $475. [sigh] it feels good to help people save... with great discounts like safe driver, multicar, and multipolicy. so call me today. you'll be glad you did. cannonbox! [splash!] [ ding ] i sense you've overpacked, your stomach. try pepto to-go. it's pepto-bismol that fits in your pocket. relief can be yours, but your peanuts... are mine. ♪

the kennedy cousin, the 25 years after the fact. he never should have been tried as an adult in my opinion. he was 15 years old at the time. 25 years later don't you think this guy got railroaded? >> i do. i think the judge said there's reasonable doubt. i can't do that. i'm going to find ineffective assistance of counsel. judges can't second guess lawyers. i don't talk about reasonable doubt. i talk about innocence. i want real innocence. i think this has a good chance of being reversed on appeal. >> that the conviction will be

reinstated. >> i'd be looking toward a plea bargain trying to put this behind us. he's already served. >> 11 years. >> i'd try to work out a plea bargain. i'm not confident this will be upheld on appeal. >> you believe the kennedy cousin should get a plea deal rather than risk going to try again? >> i think if you're a kennedy the likelihood of sggetting a conviction increases. you're a kennedy and you have a lot of money and you don't get a good attorney. >> really terrible job by the police. i don't blame them but they don't see a lot of murders there. there wasn't a lot to work with. just as a general matter, i just think ineffective assistance of counsel claims are always the

weakest and most pathetic. it's exactly what allen said. the judge wanted to overturn it. there was no misconduct by the prosecutor. no misconduct by the police. no newly discovered evidence. let's second guess everything the lawyers -- >> i have a case i described in my book in which i was representing a black man in alabama who murdered a white state trooper and the white lawyer gets up and says i don't know why you believe my client. i don't believe him. that was not regarded as ineffective. he also fell asleep for one hour during the trial. that was his best hour. >> ineffective assistance of counsel could be half the cases i've ever seen tried. >> micki cherman did not do that. >> taking the stand and never touched a liberal over three. ted cruz born in canada. does he get to run for president of the united states?

the constitution says -- >> he has to be natural citizen, not naturalized. we've had several american presidents born outside the united states but they were citizens as the results of their parents birth, their birth, who they were born to. you'll have to defeat ted cruz on his principel principles and. >> we should send it to some harvard professors to give us answers. thank you. my thought on it, he's clearer than i am. what makes it especially easy in ted cruz's case, for one thing it's canada. we ought to have an asterisk for it's just canada. the birthers, what they rr claiming is that. you have one person parent. in ted cruz's case, not only is it canada, one parent was an american citizen and the other was stateless.

his father was imprisoned by castro. he fled cuba. there's not as if there's some doubt. is he a cuban citizen through his father. through his birth he's only an american citizen. >> do you think he will be the candidate? >> if he runs he's definitely at the top of many lists includes mine. >> yours? >> oh, yes. >> i think that would be a dream come true for democrats. he was your student. i blame you. >> i've had people on the left and right. i don't try to change their views. i try to make them better michael, tell us why you used priceline express deals to book this fabulous hotel. well you can see if a hotel is pet-friendly before you book it and i got a great deal without bidding. and where's your furry friend? i don't have a cat. save up to 50% during priceline's fall hotel sale.

use promo code"fall5" for even more amazing sangs on any express deals hotel. like all good deals, this is one you'll want to pounce on. express deals. priceline savings without the bidding. it guides you to a number that will change your life: your sleep number setting. it will give you the soundest sleep you've ever had. it's a bed so intuitive it even knows you by name. the sleep number bed. clinically proven to improve sleep quality. now it's easier than ever to experience deep, restful sleep thanks to our advanced dual air technology. at the simple touch of a button, the sleep number mattress adjusts to your ideal level of comfort and support, with exceptional pressure relief on each side. experience the newest innovation from sleep number. the only bed that knows you. and there's only one place in the world you'll find the sleep number bed: at a sleep number store, where queen mattresses start at just $699.99.

and right now our newest innovations are available with 36-month financing, including the sleep number performance series. sleep number. comfort individualized. became big business overnight? ♪ like, really big... then expanded? ♪ or their new product tanked? ♪ or not? what if they embrace

new technology instead? ♪ imagine a company's future with the future of trading. company profile. a research tool on thinkorswim. from td ameritrade. coming up on "red eye." nude models, will we ever know how smart they really are?